Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.
Appears in 26 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)
Waiver of Certain Covenants. The Company may, with With respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series301 as being subject to this Section 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallaffected by such term, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 17 contracts
Samples: FedNat Holding Co, Indenture (Tampa DC, LLC), FEDNAT HOLDING Co
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 801 or in Sections 1004 to 1007, inclusive, hereof, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Western Massachusetts Electric Co, Indenture (Public Service Co of Oklahoma), Indenture (Northeast Utilities System)
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(18), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Indenture (Wesbanco Inc), Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Article 8, Article 10 (other than Sections 10.5 to 10.7 (excluding Section 10.7(1)), __ or in __) or any covenant provided pursuant specified as contemplated under Section 3.01 with respect to Section 3.1(16) or 9.1(2) for the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (Regent Broadcasting Midwest Inc), Indenture (Regent Broadcasting Midwest Inc), Radio One Licenses LLC
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1004 to 10.7 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (excluding Section 10.7(1))except any such term, provision or in any covenant provided condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series902), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (Amb Property Lp), Reconciliation And (Provident Companies Inc /De/), Reconciliation And (Provident Companies Inc /De/)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections Section 10.5 to 10.7 (excluding Section 10.7(1))10.7, inclusive, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.
Appears in 9 contracts
Samples: Huntington Bancshares Incorporated (Huntington Bancshares Inc/Md), Huntington Bancshares (Huntington Bancshares Inc/Md), Indenture (LegacyTexas Financial Group, Inc.)
Waiver of Certain Covenants. The Company mayAs specified pursuant to Section 301(15), with respect to the for Securities of any series, the Company may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 any covenants of the Company added to 10.7 (excluding Section 10.7(1)), or in any covenant provided Article Ten pursuant to Section 3.1(16301(14) or 9.1(2Section 301 (15) for in connection with the benefit Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, covenant or condition shall remain in full force and effect.
Appears in 8 contracts
Samples: Indenture (Medallion Financial Corp), Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Article 8, Article 10 (other than Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in ) or any covenant provided pursuant specified as contemplated under Section 3.01 with respect to Section 3.1(16) or 9.1(2) for the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 8 contracts
Samples: Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De), Indenture (Interline Brands, Inc./De)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 5.02 through Section 5.04, inclusive, with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 3.01, any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Baxter (Baxter International Inc), Indenture (Baxter International Inc), Baxter (Baxter International Inc)
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) 3.1(19), 9.1(2), 9.1(7), 10.6 or 9.1(2) 10.7 for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Identive Group, Inc., Indenture (Energy Conversion Devices Inc), NPS Pharmaceuticals Inc
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(16) or 9.1(29.01(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))through 10.12, Sections 10.14 and 10.15 and Sections 10.18 through 10.19 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Bellwether Exploration Co), Indenture (Grant Geophysical Inc), Indenture (KCS Medallion Resources Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(163.1 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 1.4) or 9.1(2) for the benefit of the Holders consent of such series, if before the time for such compliance the Holders of a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 9.5, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Reconciliation And (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1005 with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(18), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 5 contracts
Samples: Bay View Capital I, Bay View Capital Corp, Bay View Capital Corp
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(5) for the benefit of the Holders or in any of such seriesSections 1006 and 1007, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Principal Financial (Principal Financial Group Inc), Principal Financial Group Inc, Principal Financial Group Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 the provisions of any supplemental indenture specified in such supplemental indenture, with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount Principal Amount of the Outstanding all outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 7.01, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall will remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Dendreon Corp), Indenture (Dendreon Corp), Thomas Properties Group Inc
Waiver of Certain Covenants. The Company may, with (a) With respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series301 as being subject to this Section 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallaffected by such term, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Winnsboro DC, LLC), Indenture (Salant Corp), Perry Ellis Real Estate LLC
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 3.5, 3.6, 3.7 or 3.11 with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, Series if before the time for such compliance the Holders of at least a majority in aggregate principal amount at Maturity of the Outstanding Securities of such series shallSeries, by Act act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC)
Waiver of Certain Covenants. The Unless otherwise specified as contemplated by Section 301, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1001 to 10.7 (excluding Section 10.7(1))1003 and 1005 to 10007, or in inclusive, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 3 contracts
Samples: Indenture (Times Mirror Co /New/), Times Mirror Co /New/, Times Mirror Co /New/
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))9.5 through 9.11, Sections 9.13 and 9.14 and Sections 9.17 through 9.20 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Pogo Producing Co, Pogo Producing Co, Pogo Producing Co
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))9.5 through 9.11, Sections 9.13 and 9.14 and Sections 9.17 through 9.20 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities and the Subsidiary Guarantors, by act of such series shallHolders and written agreement of the Subsidiary Guarantors, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Cross Timbers Oil Co, Cross Timbers Oil Co, Petsec Energy Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 104) or 9.1(2) for the benefit of the Holders consent of such series, if before the time for such compliance the Holders of a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 905, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (Williams Pipeline Partners L.P.)
Waiver of Certain Covenants. The Company may, with respect to the Except as otherwise specified as contemplated by Section 3.01 for Securities of any such series, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 pursuant to 10.7 (excluding Section 10.7(1)3.01(17), or in Section 10.06 or 10.07 with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 (i) Section 1005 with respect to 10.7 the Securities of any series or (excluding Section 10.7(1)), or in ii) any covenant provided INDENTURE -53- 60 of the Company added to this Indenture pursuant to clause (17) of Section 3.1(16) or 9.1(2) 301 for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Newfield Exploration Co /De/, Newfield Financial Trust Ii
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Article Eight, Sections 10.5 to 10.7 (excluding Section 10.7(1))1004 and 1005 and, or in any covenant provided as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2) for the benefit of the Holders of such seriesSection 301(15), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Senior Indenture (KPMG Consulting Inc), KPMG Consulting Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such seriesseries or in Section 1005, 1006 or 1007, if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series series, the Holders shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and in effect.
Appears in 2 contracts
Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders or in any of such seriesSections 1006 to 1008, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.. Article Eleven
Appears in 2 contracts
Samples: assets.nfg.com, Phoenix Companies Inc/De
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.05 through 10.11, Sections 10.13 and 10.14 and Sections 10.17 through 10.19 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Flores & Rucks Inc /De/), Ocean Energy Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2Sections 901(2) for the benefit of the Holders or in any of such seriesSections 1008 through 1017 (second sentence only), inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such HoldersHolders and on behalf of the Holders of all Securities, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Vintage Petroleum Inc), Vintage Petroleum Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.06, or or, in any covenant provided covenants of the Company added to this Article pursuant to Section 3.1(163.01(16) or 9.1(2) for the benefit of the Holders in connection with Securities of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Electrovaya Inc., Colliers International Group Inc.
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 802, 1004 and 1005 (excluding Section 10.7(1)), or and the Company and the Guarantor may omit in any covenant provided particular instance to comply with any term, provision or condition specified pursuant to Section 3.1(16) or 9.1(2301(13) for the benefit of the Holders of such series, Securities) if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (voting as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the Guarantor, as the case may be, and the duties of the Trustee for the Securities of each series in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Ingersoll Rand Co LTD, Ingersoll Rand Co
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))1006, or in any covenant provided and, as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2Section 301 (15) for in connection with the benefit Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Section 803 or Sections 10.5 to 10.7 (excluding Section 10.7(1))1007 through 1017, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallNotes, by Act of such HoldersHolders (including by way of consents obtained with a purchase of, either or a tender or exchange offer for, Notes), waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Teligent Inc), Teligent Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 10.5, 10.8 and 10.9 and such other covenants, if any, as may be set forth in a supplemental Indenture, Board Resolution or an Officers' Certificate with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Inmc Mortgage Holdings Inc, Inmc Mortgage Holdings Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any seriesNotes, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(29.01(b) for the benefit of the Holders of such seriesNotes or in any of Sections 10.06 to 10.09, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series Notes shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections Section 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: And (Privatebancorp, Inc), And (Privatebancorp, Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition not set forth in Sections 10.5 herein and specified pursuant to 10.7 (excluding Section 10.7(1))2.03 to be applicable to the Securities of any series, or in any covenant except as otherwise provided pursuant to Section 3.1(16) or 9.1(2) for 2.03, with respect to the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Securities of such series shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (TD AMERITRADE Online Holdings Corp.), Td Ameritrade Holding Corp
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1002, 1005 or 1006 with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(18), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: CNF Transportation Inc
Waiver of Certain Covenants. The Company mayor the Guarantor, with respect to as the Securities of any seriescase may be, may omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 6.04 through 6.07, inclusive, and the provisions of any Supplemental Indenture specified in such Supplemental Indenture, with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall will extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the Guarantor and the duties of the Trustee in respect of any such term, provision, or condition shall will remain in full force and effect.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Waiver of Certain Covenants. The Company mayor the Guarantor, with respect to as the Securities of any seriescase may be, may omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 6.04 through 6.07, inclusive, and the provisions of any Supplemental Indenture specified in such Supplemental Indenture, with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall will extend to or affect such term, provision, or condition condition, except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the Guarantor and the duties of the Trustee in respect of any such term, provision, or condition shall will remain in full force and effect.
Appears in 1 contract
Samples: Kingsway Financial Services Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 this Article Ten with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(15), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders Holder of a majority in principal amount of the each Outstanding Securities Security affected thereby of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (GFI Group Inc.)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any seriesSeries, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 to 10.7 4.6 and 4.7 (excluding Section 10.7(14.7(1)), or in any covenant provided pursuant to Section 3.1(162.4(16) or 9.1(29.1(b) for the benefit of the Holders of such seriesSeries, if before the time for such compliance the Holders of a majority in principal amount Principal Amount of the Outstanding Securities of such series Series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Sterling Bancorp)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 (i) Section 1005 with respect to 10.7 the Securities of any series or (excluding Section 10.7(1)), or in ii) any covenant provided of the Company added to this Indenture pursuant to clause (17) of Section 3.1(16) or 9.1(2) 301 for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.Company
Appears in 1 contract
Samples: Marine 300 Series Inc
Waiver of Certain Covenants. Section 9.8. . The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided as specified pursuant to Section 3.1(163.1(b)(17) for Securities of any series, in any covenants of the Company added to Article IX pursuant to Section 3.1(b)(16) or 9.1(2Section 3.1(b)(17) for the benefit in connection with Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.7, inclusive, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Huntington Bancshares Inc/Md
Waiver of Certain Covenants. The Company may, with In respect to the Securities of any seriesseries of Securities, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 1004 or 1005 (excluding Section 10.7(1))or any term, provision or condition included in any covenant provided an indenture supplemental hereto or established pursuant to Section 3.1(16) or 9.1(2) a Board Resolution solely for the benefit of the Holders such series of such series, Securities) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Arch Capital Group LTD)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any either series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders of such seriesseries or in Sections 1008 through 1014, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Smithkline Diagnostics Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))through 10.12, Sections 10.14 and 10.15 and Sections 10.18 through 10.19 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive 77 92 such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1002 to 10.7 (excluding Section 10.7(1))1005, or in inclusive, with respect to the Securities of any covenant Series and, if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(13), any additional covenants applicable to the benefit of the Holders Securities of such series, Series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallSeries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Allegiance Bancshares, Inc.)
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities, the Company may, with respect to the Securities of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1003 to 10.7 (excluding Section 10.7(1))1005, inclusive or any covenants contained in any covenant provided pursuant Supplemental Indenture, with respect to Section 3.1(16) or 9.1(2) for the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: United States Filter Corp
Waiver of Certain Covenants. (a) The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1005 to 10.7 (excluding Section 10.7(1))1007, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such all series with respect to which the waiver applies shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee and the Securities Administrator in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Mineracao Maraca Industria E Comercio S.A.)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))1006, or in any covenant provided 1007 and, as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2Section 301(15) for the benefit in connection with Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Deere & Co)
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Gillette Co
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(18), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such series, series or in Sections 10.05 to 10.07 inclusive if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.shall
Appears in 1 contract
Samples: Indenture (Associated Banc-Corp)
Waiver of Certain Covenants. The Except as otherwise specified or as contemplated by Section 301 for Securities, the Company may, with respect to the Securities of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16301(10) or 9.1(2Section 901(6) for the benefit of the Holders or in Section 1005, with respect to the Securities of such series, any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Principal Financial Group Inc
Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such seriesseries or in any of Sections 1008 to 1009, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Pharmacia & Upjohn Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 801 or in any covenant provided pursuant to Section 3.1(16301(10) or 9.1(2Section 901(7) for the benefit of the Holders or in any of such seriesSections 1006 and 1007, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Principal Financial (Principal Financial Services Inc)
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 104) or 9.1(2) for of the benefit consent of the Holders of such series, if before the time for such compliance the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 905, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: DCP Midstream Operating, LP
Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 10.06 to 10.7 (excluding Section 10.7(1))10.07, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before the time for such compliance the Holders of at least a majority in principal amount (or principal amount at maturity, as applicable) of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Hughes Electronics Corp
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 1005 or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) added for the benefit of any series of Securities as contemplated by Section 301 (unless otherwise specified pursuant to Section 301) with respect to the Holders Securities of such series, any series if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Lone Star Technologies Inc
Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 1002 to 10.7 (excluding Section 10.7(1))1006, or in inclusive, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.
Appears in 1 contract